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The  road  and  pa 
Conf  Pam  #486 

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ROAD   AND   PATROL   LAWS 


OF     GEOHai^, 


A8  REVISED  IN  THE  NEW  CODE; 


'kt^O. 


THE    ACTS    OF    ISGii, 


RKFElittlNG    TO    THE    SAMTS    SUBJECTS, 


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MlLLBDGF.yiLLBs 
B.  M.  08JCE  ^  »OH.  PRINTBJSS. 


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[FBOM  the  KtW  GEORGIA  CODE.] 

TITLE    6.-0H:..A^FTEPL    V^. 

ROADS.  BEIDGES,  FEREIES,  TURNPIKES,  CAUSEWAYS,  CROSS- 
INGS, &c. 

Artkle  1.  Public  Roads. 

Article  2.  Road  Commissioners  and  their  Duties. 
Article  3.  Ikidpes,  Ferries,  Turnpiltes  and  Causeways. 
Article  4.  Railroad  Crossings. 


ARTICLE   I.  ¥ 

PUBLIC  ROADS. 

Sectiox.  jSection. 

574.  What  roads  are  considered  pub-|COO.  Complaint  against  Commission- 
lie.  I  ers. 

TiT.'S.  Shall  be  thirty  feet  wide.  |601.  Defaulters  may  file  excuse. 

f)70.  Bridges  and   Causeways   IG  feet  002.  Executions  against  defaulters. 

wide.  003.  Fine  money — liow  appropriated. 

r)77.  Districts  Liid  out.  &c.  {604.  Constables  collecting,  &c. 

^uB.  Roads  and  Districts  to  be  rcgis-GO.'i.  I^ien  of.^.  fa. 

tered.  ,000.  Timbens  used  for  road  purposes. 

r>79.  How  laid  out  or  altered.  607.  rul)lic  roads  measured  and  post- 

580.  Notice  of  application  advertised,  ed. 

&c.  |608.  Sign  boards  to  be  put  up  at  forks. 

581.  Holders  of  land — how  notified.     ;609.  Failure  to  put  up  posts,  &c. 

.^)82.  Roads  e.^tablished.  Ac.  |610.  Overseer  may  be  indicted. 

.^»83.  Application  must  be  in  writing.    Oil.  Railroad  hands — how  expmpted. 

584.  Laid  out  the  nearest  and    best612.  Land  owners  aggrieved.  Ac. 

way.  |6i:].  Persons  claiming  damages,  &c. 

585.  Persons  subject  to  road  duty.       ;("il4.  Trial — }iow  conducted. 

586.  What  roads  to  be  worked.  lOl.'v  Notice  to  Justices,  A- c. 

587.  Numberof  days  required  to  work  616.  The  time  and  place  of  meeting. 

588.  List  of  hands  to  be  furnished.      j617.  Objections  to  jurors. 

589.  Must  be  summoned  one  day.         W>]H.  Continuances,  &c. 

590.  What  the  Jiotice  must  contain.     1619.  Mis-trial. 

591.  Duty  of  the  overseer.  1620.  Certiorari. 

592.  Sudden  obstructions  in  roads.       |621.  Final  judgment  and  payment. 

593.  Special  working  to  be  deducted.  622.  Value  of  the  land — how  estima- 
.594.  Defaulters  fined  one  to  three  dol-,  ted 

lars.  |623.  Consequential  damages. 

595.  E.xtraordinary  implements  624.  Overseer  may  be  fined. 

596.  Road  may  be  apportioned.  J62o.  Altering    or' obstructing    public 

597.  Persons   to    whom   road    appor-j  roads. 

tioned.  626.  By  a  fence  or  tree. 

508.  Applicant  refusing  to  accept.        627.  Main  streets  in  towns  or  cities. 
599.  Failing  to  work  attcr  acceptance.! 

^  574.  All  roads  laid  out  for  public  use  by  an  act  of  the  General  Assembly, 
if  not  otherwise  provided,  or  by  an  order  of  the  Justices  of  the  Inferior 
Court,  are  declared  to  be  public  roads. 

$  575.  They  shall  be  cleared  of  all  trees,  slumps,  grubs  and  bushes,  at 
least  thirty  feet  wide,  and  of  such  limbs  of  trees  as  may  incommode  horse- 
men or  carriages  ;  stumps  must  be  cut  as  nearly  even  with  the  surface  as 
possibk,  and  the  cairiage  track  must  be  at  least  five  feet  six  inches  wide. 

^  576.  All  bridges  or  causeways  over  small  water  courses,  and  causeways 
over  swamps  or  low  lauds,  shall  be  made  and  kept  in  repair  by  hands  sub- 
ject to  work  on  roads,  the  pieces  shall  bo  laid  across  the  road  at  least  sixteen 
feet  long,  well  secured,  made  fast,  and  covered  with  earth. 

^  577.  The  Justices  of  the  Inferior  Court  must  lay  off  their  respective 
counties  into  road  districts,  and  apportion  the  roads  and  hands  so  as  to  divide 


the  labor  wid  expense,  on  account  of  roads,  cansoways  and  bridges,  equallj 
throu{jliout  eaid  counUes,  all  of  which  pioce«<dings  musk  be  entered  on  thi 
minutes. 

$  578  They  must  cause  their  Clerk  to  keep  registered  in  a  book  in  hi» 
office  a  list  of  all  public  roads,  and  road  districts,  in  the  county,  to  be  added 
to  and  corrected  from  time  to  time  as  new  roads  or  new  districts  are  laid  out 
or  old  ones  ahercid  or  discontinued. 

§  079.  On  application  to  them  for  any  new  road,  or  alteration  in  an  old 
road,  they  shall  appoint  three  road  commissioners,  residing  as  near  where 
such  road  is  intended  to  pass  as  possibli%  and  if  they  find  it  of  public  utility 
they  must  proceed  to  mark  it  out,  and  make  their  report  under  oath  to  such 
Justices,  that  it  was  laid  out  and  marked  conformably  to  law. 

$  5S0.  If  such  Justices,  on  the  investi<>;ation  had,  are  willing  to  grant  such 
road,  or  make  alteration  in  an  old  road,  they  ahall  cause  the  Clerk  to  publish 
a  citation  for  thirty  days  at  the  door  of  the  Court  House,  and  in  a  public 
gazette,  if  there  is  one  in  the  county,  giving  a  particular  description  of  the 
new  road,  or  the  alteration,  notifying  all  persons  that  on  and  after  a  certain 
day  therein  named,  said  new  road  or  alteration  will  be  iinally  granted,  if  no 
good  cause  is  shown  to  the  contrary. 

^  odl.  All  persons,  their  overseers  or  agents,  residing  on  land  which  such 
road  goes  through,  except  the  applicants  for  the  road  or  alteration,  must  b« 
at  the  same  time  notified  in  writing,  personally  or  by  leaving  it  at  their  most 
notorious  place  of  abode,  that  they  tnaj  put  in  their  claim  for  damages  or 
forever  after  be  estopp'^d. 

$  56"2.  All  public  roads  established  without  a  substantial  compliance  with 
the  provisions  of  the  last  named  sections,  are  void. 

9  583.  Applications  for  the  discontinnance  of  an  old  road,  in  whole  or  In 
part,  must  likewise  be  made  to  such  Justices  in  writing,  and  likewise  pub- 
lished before  it  shall  take  effect. 

^  5'!^.  All  public  roads  Bhail  be  laid  out  the  nearest  and  best  way  to  ti« 
place  to  which  they  are  intended,  and  as  little  as  can  be  to  the  prejodSe«  «f 
a4;y  private  person's  enclosed  grounds.     ^ 

^  bSi.  All  white  male  inhabitants  between  the  ages  of  sixteen  and  forty- 
live,  all  free  male  negroes  and  male  slaves  not  under  sixt«en  nor  exceeding 
sixty  years  of  age,  are  subject  to  work  on  the  public  roads,  except  fsucli  as 
are  specially  exempted. 

j  5S6.  The  same  road  bands  shall  not  be  compelled  to  work  on  more  than 
one  public  read,  which  must  come  within  three  miles  of  their  resideuBe,  «x- 
eept  in  opening  a  new  road,  when  all  the  road  hands  of  the  road  flihtrict  are 
.subject  to  work  upon  it. 

^  .5b7.  Boad  hands  are  not  required  to  work  exceeding  live  days  at  onB 
time  consecutively,  nor  more  than  fifteen  days  altogether,  in  twelve  mouths, 
unless  sudden  emergencies  require  the  immediate  repairing  of  the  roads, 
causeways  and  bridges  within  their  respective  districts. 

§  5SS.  The  several  owners,  managers  or  en)ployers  of  male  slaves  shall, 
whenever  required,  furnish  the  overseers  of  the  district  with  a  IL'ft  of  them  iu 
writing,  who  are  liable  to  work  on  the  public  roads,  signed  by  them,  under 
a  penalty  of  paying  three  dollars  for  each  male  slave  so  liable  to  road  duty 
and  whose  names  are  not  furnished,  to  be  collected  as  fines  for  not  working 
the  road. 

^  5S9.  Overseers  of  roads  in  Iheir  respective  districts  shall  summon  aJI. 
persons  liable  to  road  duty,  within  the  district,  at  least  one  day  before_tIi« 
time  of  working. 

0  .590.  Such  summons  must  state  the  road  to  be  worked,  the  time  and 
place  for  meeting,  and  the  implements  re(iuired. 

9  59J.  Such  overseers  shall  superintend  the  working  on  the  roads  assign- 
ed them  by  the  commissioners,  causi-  the  same  to  bo  worked  and  repaired  in 
the  best  possible  manner,  and  make  a  return  thereof  to  the  commissioners  hi 
writing  within  five  days  after  each  time  oi  working,  of  all  defaults  and  defi- 
ciencies which  may  have  taken  place. 

^  592.  When  any  road  or  bridge  or  causeway  may  become  suddenly  im- 
passable, it  is  the  duty  of  such  overseer  to  call  out  as  many  bands  as  n«c«8« 
sary  to  repair  the  same  after  giving  one  day's  notice. 

^  .'j93.  They  shall  take  notice  of  the  time  such  h^uids  are  employed  <}»-9«<;b 
special  workings,  and  shall  excuse  tham  from  road  duty  an  equal  BaBi|t«s 
of  days  out  of  tie  whole  camber  all  bands  are  feqnired  to  work  durtagk  tli* 
ye«f. 


6  594.  Everj  individual,  bj  hi msf-lf  or  slaves,  liable  to  rood  duty,  who, 
bring  duly  summoned  to  work,  shall  neglect  to  obey  such  summons,  and  to 
carry  the  implements  as  ordered,  or  appearing  with  or  without  the  imple- 
ments, neglects  or  refuses  faithfully  to  work,  forfeits  not  less  than  one,  uor 
more  than  three  dollars  for  each  baud  for  every  day  he  or  they  fail  to  work. 

$  r>95.  If  any  other  instruments  than  ordinary  farming  tools  are  necessary 
to  ki^p  the  road  in  repair,  the  overseer  may  receive  them  in  exch.injje  for 
the  labor  of  hands,  or  may  apply  to  the  Justices  of  the  Inferior  Court,  who 
may  authorize  him  to  contract  for  such  as  may  be  necessary,  and  pay  for  the 
»anie  out  of  the  County  Treasury. 

^  596.  When  a  person  liable  to  road  duty  makes  an  application  to  the 
K<jad  Commissioners  for  a  proportion  of  road  for  himself  and  hands  to  work 
on  and  keep  in  repair,  they  sliiill  parcel  off  to  each  applicant  some  equal  and 
just  portion  of  said  road,  to  be  increased  or  diminished,  according  to  the 
nunilo'r  of  hands,  and  to  be  judg-ed  of  by  the  commissioners. 

^  597.  Persons  to  whom  portions  of  roads  are  thus  apportioned,  must  make 
annual  returns  to  th''ir  respective  conuuissiouers,  whenever  t»y  require 
them ,  of  the  number  and  nftnies  of  their  hands  liable  to  road  work,  and  after 
they  have  received  and  put  iti  good  repair  their  respective  portions,  such 
hands  shall  liot  be  transfi-ried  to  any  other  part  of  the  road,  or  compelled  to 
do  any  other  road  work,  so  long  as  they  perform  their  work  satisfactorily  to 
the  commissioners. 

^59^.  If  the  applicants  do  not  accept  the  portion  of  road  assigned  them 
by  the  commissioners,  they  must  still  work  iii  common  with  the  other  hands 
of  their  road  districts. 

^  599.  If,  after  having  accepted  such  portions,  they  neglect  to  keep  them 
in  good  repair,  they  are  liable  to  all  the  penalties  and  forfeitures  to  which 
commissiouers  are  liable  for  neglect  of  duty,  besides  the  usual  road  lines  on 
the  hands. 

C*  (iiiO.  If  such  comnii.-'sioners  assign  any  person  a  portion  of  road  thus  to 
work,  which,  taking  into  coissideratiou  his  number  of  hands  as  compared  to 
the  number  liable  to  do  road  duty  on  such  road,  is  not  an  equal  share  of  the 
labor,  any  white  male  road-worker  of  the  same  road  and  district,  may  com- 
plain to  the  Justices  of  the  Inferior  Court  at  any  time,  and  on  giving  such 
person  tliree  days' notice  tiiereof  in  writing,  such  Justices  may  sunimarily 
iicar  nli  the  e'sidence,  a«d  if  they  believe  the  coiTiplaiuL  is  just,  they  shall 
revoke  such  grant  by  the  commissiouers,  and  so  have  ihem  instantly  inform- 
ed by  their  Clerk. 

^  GUI.  All  defaulters  must  file  their  excuses,  if  .nnr,  on  oafh  before  the 
commissioners,  who  must  meet  at  some  place  within  the  district  for  fining 
defaulters,  of  which  place  ot  meeting  they  shall  give  ten  daj-s'  notice,  in 
writing,  at  one  or  more  of  the  most  public  places  in  the  district,  and  no  other 
notice  shall  be  necessary. 

^  (0)2.  Such  commissioners  must  issue  executions  under  their  hands  and 
seals,  against  all  defaulters  who  fail  to  render  a  good  excuse,  directed  to  any 
lawful  Constable,  who  shall  levy  and  collect  the  same  as  executions  issued 
from  the  Justices'  Courts. 

Ci  GOo.  When  such  fi.  fas.  are  collected  witiiin  ten  days  thereafter,  the 
amounts  must  be  paid  to  any  one  of  the  commissioners,  one-half  of  >vhich 
shall  be  p;iid  to  the  overseer  haviug  had  charge  cf  the  hands  fined  ;  the 
other  half  to  the  County  Treasurer,  to  be  used  in  the  building  or  repairing 
of  bridges. 

<j  004.  If  Constables  neglect  th(»ir  duty  in  collecting  such  fi.  fas.,  or  fail 
to  pay  over  the  money,  they  are  subject  to  rule  and  suit  at  the  instance  of 
such  commissioners,  as  though  the  fi.  fas.  had  issued  from  a  Justices' 
Court. 

<i  6(15.  The  liens  of  such  judgments  are  the  same  as  any  other  judgment, 
and  claim  according  to  their  priority  in  the  distributiou  of  money,  except 
that  no  property  is  exempt  therefrom,  and  if  illegalities  or  claims  are  inter- 
posed, they  must  be  returned  as  though  issued  from  a  Justices'  Court,  in 
which  the  road  district  is  situated  in  whole  or  in  part. 

^  6(16.  Overseers  are  authorized  to  make  use  of  any  timbers  for  the  use  of 
the  roads,  and  maj'  make  contracts  v/ith  owners  of  land  for  other  timber,  if 
indispensable,  and  if  they  disagree  as  to  the  value,  the  overseer  shall  appoint 
one  arbitrator  and  the  owner  another,  who,  without  further  formality,  shall 
assess  the  value,  and  if  the}-  disagree,  to  call  in  an  umpire,  whose  decision 
is  final,  the  valuation  so  awarded  must  then  bo  reduced  to  writing,  and 


fii^aed  by  the  arbitrators,  aud  iipou  the  production  of  the  same,  with  a  cer- 
tihcate  of  the  overseer,  that  he  used  tlie  timber  assessed,  must  be  allowed  by 
the  Justices  of  the  Inferior  Court,  and  paid  out  of  the  Couuty  Treasury. 

it  607.  They  shall  measure  all  that  j)art  of  the  road  to  which  they  may  be 
appointed,  beginniu<,^  at  the  Court  House,  and  at  the  end  of  each  mile  set  up 
a  post  or  mark  on  some  conspicuous  place,  which  shall  designate  the  number 
of  miles  from  thence  to  said  Court  House,  and  the  overseer  in  the  next  ad- 
joining district  shall  likewise  begin  to  measure  and  mark  at  the  last  mile 
post  in  the  district  thus  measured ;  but  wiion  such  district  shall  end  at  some 
county  line  he  shall,  by  some  post  or  mark,  desigmte  the  distance  from 
such  county  line  to  their  resjiective  Court  Houses. 

^  60S.  They  shall,  at  the  fork  of  each  public  road,  place  in  some  substan- 
tial and  conspicuous  mauner  a  board  or  other  mark,  designating  thereon  the 
most  public  place  to  wliich  each  road  directs,  and  if  any  road  is  altered  so 
as  to  makefthe  fork  at  some  other  place,  or  as  not  to  make  necessary  such 
sign-boards,  they  shall  be  removed  and  replaced,  or  either  if  necessary. 

V>  609,  If  any  overseer  fails  to  comply  with  the  provisions  of  the  two  im- 
mediately preceding  sections  he  forleits  not  exceeding  fifty  dollars,  to  be 
imposed  and  collected  as  other  lines  against  him. 

>j  610.  If  any  overseer  omits  to  do  his  duty  with  respect  to  the  roads, 
bridges,  and  causeways  under  his  charge,  for  as  much  as  thirty  days  from 
the  time  the  necessity  for  any  immediate  work  occurs,  unless  hindered  by 
extreme  bad  weather,  or  other  P.ovid'^ntial  cause,  he  shall  be  indicted  for  a 
misdemeanor,  and  on  conviction  shall  be  fined  or  imprisoned,  at  the  discre- 
tion of  tiie  Court,  and  is  also  liable  for  all  damages  at  the  suit  of  any  person 
injured  by  such  omission. 

'S  611.  Hands  liable  to  road  work,  employed  as  laborers  on  the  line  of  any 
Railroad  of  this  State  belonging  to  an  incorporated  Company,  or  by  any 
contractors  constructing  Railroads,  are  exempted  from  work  on  the  public 
rosds,  provided  the  public  road  overseer  having  charge  of  them  respectively 
are  paid  one  dollar  per  day  for  each  h«md  so  liable,  which  money  shall  be 
expended  in  hiring  hands  to  work  on  the  roads. 

^  61  "2.  When  any  person  shall  feel  aggrieved  by  any  road  proposed  to  be 
laid  out  through  any  of  his  land,  unless  otherwise  provided  in  the  Charter 
thereof,  or  some  sjjecial  law,  he  may  petition  in  writing  the  Justices  of  the 
Inferior  Court,  either  of  whom  shall  direct  their  Clerk  to  issire  a  warrant 
under  his  hand,  directed  to  the  Slierirf  of  the  couuty,  to  summon  from  the 
vicinage  a  jury  of  freeholders  to  try  such  question  of  damage,  who  shall  be 
sworn  by  some  Justice  of  the  Peace  to  truly  and  impartially  assess  any 
damage  the  owner  will  sustain  by  means  of  such  new  or  altered  road,  and 
said  Justice  shall  preside  over  their  deliberations. 

i  613.  No  person  is  competent  as  a  juror  who  claims  any  damage  of  the 
county  or  person  for  the  same  or  any  similar  road,  or  who  would  be  disqual- 
itied  if  the  trial  was  before  the  Superior  Court. 

§1  614.  The  jury  shall  inspect  the  road  and  land  in  person,  unless  already 
familiar  with  them,  and  .•swear  any  witnesses  that  the  owner  or  any  person 
on  the  part  of  the  county  may  offer,  as  to  their  opinion  of  the  damages  sus- 
tained 

^  6ir).  The  Sheriff  shall  notify  the  Justice  of  the  Peace  and  the  Road 
Commissioners  of  the  district  where  the  road  lies,  and  the  owner  of  the  land, 
the  day  and  place  of  trial,  and  shall  notify  to  attend  then  and  there,  as  wit- 
nesses, any  persons  he  may  be  requested  to  by  such  commissioners,  or  the 
owner. 

i)  616,  He  shall  fix  the  time  and  place,  the  time  not  less  than  five  nor  more 
than  twenty  days,  and  the  place  as  near  the  land  as  the  proper  house-room 
can  be  obtained. 

^  617.  At  the  trial  any  person  in  interest  may  object  to  the  empaneling  of 
any  juror  for  cause,  and  if  trom  this  or  any  other  cause  there  are  not  twelve 
jurors  empaneled  and  sworn,  the  Sheriff  must  proceed  to  procure  tales 
jurors. 

^  6!8.  The  trial  may  be  postponed  or  continued  from  day  to  day  until 
completed,  and  if  the  Justice  of  the  Peace  summoned  to  attend  should  fail 
to  preside,  the  Sheriff  must  supply  the  vacancy,  if  necessary,  from  some 
other  district. 

^  619.  If  a  mistrial  occurs  the  Sheriff'  shall  proceed  de  novo  to  summon 
other  jurors,  and  all  the  proceedings  shall  be  as  at  first,  and  so  on  until  there 
is  a  verdict. 


§  620.  Thejuflgraent  in  such  cases  may  b'^  certioraried  by  tbe  county  or 
the  owner  of  the  land,  as  in  certiorari  from  forcible  entry  and  detainer  trials, 
and  if  a  new  trial  is  ordered,  they  shall  proceed  to  procure  a  trial  as  previ- 
ously. 

o"G21.  When  such  jndcrment  becomes  final  all  the  papers  appertaining' 
thereto  must  be  filed  in  the  Clerk's  office  of  the  luforior  Court ;  the  Justices 
thereof  must  grant  an  order  for  the  damages  assessed  in  favor  of  the  land 
owner,  but  if  such  Justices  are  satisfied  that  such  damages  transcend  the 
utility  of  such  road,  or  that  part  of  it,  they  may  revoke  th>;  road  altogether, 
or  order  the  same  altered  so  as  to  avoid  tlie  laud  so  damaged,  or  make  the 
owner  an  offer  of  such  compensation  as  they  may  think  just. 

9  6'22.  In  estimating  the  value  of  Land  when  taken  for  public  uses,  it  is  not 
restricted  to  its  agricultural  or  productive  finalities,  but  inquiry  may  be 
made  as  to  all  other  legitimate  purposes  to  which  the  property  could  be  ap- 
propriated. 

^  C'i'3.  Prospective  and  conseuuential  damages  resulting  therefrom  may 
be  also  taken  into  consideration,  if  the  samy  are  plain  and  appreciable,  and 
on  the  other  hand,  the  increase  of  the  v.alne  of  th«'  laud  from  the  proposed 
public  improvement  may  be  considered,  but  in  no  case  shall  the  owner  be 
deprived  of  the  actual  damages  by  such  estiiiiated  increase. 

$  624.  If  any  overseer,  within  twelve  months  after  his  appointment,  neg- 
lects faithfully  to  discliarge  the  duties  required  of  him,  he  is  .subject  to  a  fine 
not  exceeding  fifty  dollars  by  the  comnii.'^sioncrs  under  whom  he  serves,  who 
shall  notify  him  ot  his  neglect,  and  unless  a  good  excuse  is  rendered  to  them 
vvitliin  twenty  days  from  the  time  of  such  notice  they  shall  issue  execution 
for  the  fine  assessed. 

•i  625.  If  any  person  shall  alter  any  public  road  or  cut  any  ditch  across,  or 
alter  the  location  of  any  bridge,  or  make  any  new  bridge  necessary  by  his 
act.  without  first  obtaining  an  order  therefor,  he  is  guilty  of  a  misdemeanor, 
and  on  conviction  tliereof  shall  be  fined  not  less  than  twenty-five  nor  more 
than  one  thousand  dollars,  and  shall  be  liable  besides,  by  suit,  for  all  dam- 
ages nuy  jierson  may  sr.striin  thereby. 

(\  626.  When  anj-  person  shall  make  any  fence  or  cut  any  tree,  or  make 
other  like  obstructions  in  or  across  auy  public  road,  which  is  not  removed 
in  two  days  and  a  .sate  and  convenient  vvay,  at  the  time  of  the  obstruction, 
mude  for  travelers,  he  shall  pay  a  fine  of  twenty  dollars  for  each  obstruction, 
to  be  recovered  by  execution  issued  by  the  commissioners,  as  in  cases  of  road 
fines,  and  shall  he  liable  for  any  damages  caused  by  th*"  obstruction,  from 
the  first  to  the  last,  if  the  person  injured  used  ordinary  caution. 

^  627.  And  when  the  main  streets  of  any  incoiporated  town  or  city  contin- 
ue in  a  state  of  neglect  for  three  mouths,  the  Justices  of  the  Peace  therein 
are,  by  virtue  of  their  office.  Road  Commissioners,  and  shall  appoint  over- 
seers,apportion  the  hands  that  would  be  liable  to  road  duty,  throughout  the 
town,  have  the  streets  worked  on,  as  though  they  were  public  roads,  and 
must,  in  every  other  respect,  perform  the  duties  of  Koad  Commissioners, 
and  for  neglect  of  any  other  duty,  or  violation  of  any  of  the  road  laws,  are 
liable  to  fine  as  such  commissii)ners. 


ARTICLE    II. 

COMMISSIONERS  OF  PUBLIC  ROADS. 


Section. 

637.  Commis.sioners  failing  to  do  duty. 

638.  Proceedings  against  for  neglect. 


Section. 

62H.  Three  for  each  district. 

629.  How  appointed. 

630.  Compelled    to    serve  unless  ex-J639.  May  be  removed  from  office 

cused.  640.  Failing  to  appear  when  cited. 

631.  Must  be  notified  within  ten  days. 1641.  Executions  against  commission- 

632.  Clerk  failing  to  give  such  notice. |  ers. 

633.  Exempt  from  patrol  and  militia|642.  A  public  road   being  a  district 

duty.  line. 

6:?4.  Duty  of  commissioners  generally. [643.  Necessary  books    shall   be    fur- 

635.  Persons  exempt  from  road  duty.  |  nished. 

636.  Overseer  of  roads  receive  $2  peri644.  Certificate  of  discharge. 

day.  .   I 

$  628.  There  shall  he  three  commissioners  for  each  road  district,  any  two 


of  wfccHii  niHT  art,  aii-J  !n  c«fe  tLvre  \s  oiil/  oive  in  a  district,   tliaf  one  i»  in- 
vested with  all  the  powors  of  the  three,  until  the  vocaiicias  are  filled. 

$  629.  Such  connni.s,sioner.s  are  appointed  or  re-appointed  by  the  Justices 
of  the  Infei"ior  Court,  bienniallr,  at  their  first  meeting  of  tlae  years  of  the 
appointments,  and,  wlienever  necessary,  to  fill  vacancies  at  any  time. 

^  G30.  Those  thus  appointed  are  compelled  to  serve,  unless  excused  by 
.such  Ju.stices,  who  shall  receive  for  such  excuse  Providential  cause  only. 

^  Go].  As  soon  as  appointed,  they  shall  be  notified  thereof  in  writinfr  with- 
in tea  days  thereafter  by  the  Clerk  of  the  Inferior  Coiu1,  nnd  if  such  ap- 
pointees do  not,  \vit];in  ten  diiys  after  receivinjr  such  notice,  file  their  excuse 
iu  writing-,  under  caih,  in  such  Clerk's  cfhce,  th<'j  shall  be  considered  as 
LavinfT  accepted. 

^  6o'2.  If  a  Clerk  fails  to  gfive  such  notice,  he  is  gtnlty  of  a  contemjit,  ojid 
shall  be,  by  such  Justices,  fined  twenty  dollars  for  each  neglect. 

^  (vW.  Such  commissioners,  while  in  office,  ;ue  exempt  from  r11  jury,  patrol, 
militia  and  other  road  duty,  and  are  exempt  from  road  duty  after  they  j^o  out 
of  ofuce,  for  the  next  two  years,  if  they  have  served  faithluUy  tlirougli' their 
official  terms. 

«  0:;4.  It  is  their  duty — 

1.  To  ap].oint,  within  fifteen  days,  one  or  more  persons  iu  their  respective 
districts  as  overseers  of  the  road. 

2.  To  apportion  the  roads  and  hands  under  their  charg-e  at  the  same  time 
as  equally  and  fanly  as  possible,  and  to  furnish  the  several  overseers  with  a 
list  of  the  roads  and  hands  under  tht-ir  respective  charge. 

i).  To  hear  and  determine  upon  all  cases  of  default  or  other  violation  of 
the  road  laws  v.ithin  their  jurisdiction,  (if  not  indictable  only.)  at  a  Court  to 
be  held  by  them  twentj-  days  after  every  rond  working,  or  as  often  as  emer- 
pencies  mr.y  require,  and  to  issue  executions  or  other  process  against  the 
convicted. 

4.  To  keep  a  book  in  which  to  enter — 

First.  The  several  hands  iu  their  respective  districts  subject  to  road  duty  : 
to  what  roads  and  what  parts  thereof  assigned,  and  under  what  overseer ; 
chaiiging  and  correcting  it  from  time  to  time,  as  maybe  necessary. 

Scco7uL  A  list  of  ail  defaulters  and  persons  lined,  the  amounts  fined, 
amounts  paid,  what  disposition  miade  of  the  money,  what  executions  issued 
and  unpaid. 

5.  To  pay  to  the  County  Treasurer,  as  soon  as  collected,  that  portion  of 
the  fine  money  belonging  to  the  county,  to  be  used  in  the  repairing  or  build- 
ing of  public  bridges  and  causeways,  and  annually,  on  the  fir.st  of  December, 
to  report  to  the  Justices  of  the  Inferior  Court  the  condition  of  the  public 
roads  and  bridges  in  their  respective  districts,  the  state  of  the  finances,  what 
executions  are  outstanding  unpaid,  and  their  condition. 

C.  To  ins])ect,  from  time  to  time,  the  public  roads,  bridges  and  ferries 
within  their  districts,  notice  the  character  of  the  repairs,  and  observe  if  such 
road  is  regularly  posted,  and  direction  boards  put  up  as  required  by  law, 
xind  if  said  bridges  and  ferries  are  in  proper  repair. 

7.  To  exercise  a  genera!  supervision  over  thi-ir  respective  overseers,  and 
to  fine  tlxnn  for  neglect  of  duty,  and  to  see  that  persons  are  indicted  fur  the 
offences  set  forth  iu  the  road  laws. 

8.  To  administer  all  oaths,  relative  to  the  road  laws,  connected  with  their 
duties. 

^635.  In  making  up  the  list  of  road-workers,  they  must  not  include  the 
following  description  of  persons  who  are  exempt  from  such  duty,  viz  •  Li- 
censed ministers,  teachers  and  students  of  colleges  and  schools,  keepers  of 
public  grist  mills,  public  ferrymen,  keepers  of  toll  bridges,  turnpikes,  cause- 
ways and  plank  roads,  engineers  and  white  persons  in  charge  of  cars  or 
trains  running  on  railroads,  officers  of  the  Confcdf:rate  States,  this  State  or 
any  county  thereof,  and  all  others  exempted  by  any  special  law. 

0  636.  They  are  authoi'ized  to  pay  overseer.s  two  dollars  per  day  for  every 
daj-  in  actual  .service,  out  of  the  fine  money,  besides  one-half  of  the  balance 
■of  the  fine  money  as  compensation  to  him  as  informer,  and  if,  by  the  end  of 
each  year,  the  fine  money  does  not  furnish  enough  to  pay  such  overseers 
said  per  diem,  it  must  be  paid  out  of  the  County  Treasury,  if  the  proper 
commissioners  certify  to  the  Justices  the  amount  such  overseers  ar«  enti- 
tled to. 

^  637.  If  commissioners  fail  to  discharge  their  duties,  or  any  duty  reqjiired 
of  them  as  such,  they,  and  each  of  them,  shall  be  fined,  by  the  Justices  of 


9 

tke^nfedor  Court,  BO*  iMia  than  fifty,  nor  mor©  fhau  two  huiwlred  dollars.. 

$  638.  Wht»n  any  person  shall  file  his  afEdarit  in  writing  in  the  Clerk's 
•fifice  of  the  InfMior  Cotirt,  that  any  commissioner  or  set  ol  OL-niinissioners 
hare  nefjlected  their  duty  geuerally,  or  in  nuy  particular,  or  when  the  Grand 
Jury  makes  presentment  ot  the  same,  or  the  bad  condition  of  any  portion  ot 
the  public  roads,  or  the  said  Justices,  or  any  one  of  theiu,  are  sati.stied  such 
i.s  the  fact,  and  so  inform  their  Clerk,  it  is  his  duty  to  i^sue  a  summons  in 
writing',  directed  to  said  defaulting  commissioners,  commanding-  them  toap- 
jiear  at  a  certain  day  therein  named,  before  such  Justices,  to  answer  for 
their  conduct,  whicli  shall  be  served  on  them  by  any  officer  or  prirate  per- 
son. 

6  6.39.  If,  on  the  hearing,  tho  .Justices  fine  the  commissioners  cited,  they 
jshall  also  pass  an  ord«r  removing  them  from  office,  and  forthwith  appoint 
other  commissioners. 

«S  fi4(K  If  they  have  been  duly  cited  and  served,  and  fail  to  appear,  such 
Justices  mny  proceed  tx  parte. 

6  041.  The  Clerk  ot  the  Inferior  Court  i?  directed  to  issue  executions 
wgainst  them  for  the  fine  and  costs,  vhieh  shall  be  executed  by  the  bheriti'. 
The  lien  of  such  executions,  and  the  property  subject  thereto,  are  the  same 
as  those  against  defaulting  road-vc-rkers. 

9  64'2.  \Yhen  any  pulilic  road  may  be  on  a  road  district  line,  and  the  Jus- 
i{;es  of  the  Inferior  Cc'Urt  have  not  specially  assigned  it  to  any  particular 
district  or  set  of  commissioners,  the  conimissfoncrs  ot  each  district  shall  co- 
operate in  arrargiug  the  hands  and  ap]>oii.tii)g  tlie  o^verseers  for  such  road. 

^  C4;<.  Tl'.o  books  such  commissiouer.s  are  required  to  keep  must  be  fur- 
nished by  the  Justices  of  the  Inferior  Court  at  the  expense  of  the  county, 
and  out  of  the  le.id  money,  if  any,  and  when  full  must  be  deposited  in  the 
office  of  the  (;!erk  of  the  Infciior  Court. 

6  ()44.  After  the  coninns.'iioner  has  faithfully  served  through  the  term  cf 
his  appointment,  he  may  obtain  fioni  the  Clerk  of  tho  Interior  Court  a  cer- 
tificate of  such  fact. 


ARTICLE   IJI. 

BRIDGES,  FERRIES,  TURNPIKES,  AND  CAUSEWAYS. 

SncTioN.  iSeitiox. 

(14.").  Public  bridges,  ferries,  Ac.  |G()3.  Excessive    r.ites     shall    not 

(■i4().  Regulations  coneernitig  the  same'  charged. 


G51.  Additional  bond  may  be  required.  (508.  Proprietors  liable  for  neglect 
rir)2.  Roads,  biidgcs,  »Vc.  JGG9.  County — wlien   liable    for   d 

G5o.  Contractor  failing.  |  ages. 

G.">4.  Defendant  resisting  payment.       G70.  Persons  detained  at  public  cross- 
G55.  Contractors  incompetent  as  ju-1  i»gs- 

rors.  |671.  No  toll  after  expiration  of  charter. 

G56.  Bridges,    &c.,    crossing    county .G72.  Owner  of  private  ferry,  i&c,  lia- 

lines.  j  ble. 

('.."T.  County  refusing  to  contribute.     G73.  Breaking  toll  gate,  «S:c. 
('•.j8.  Toll    bridges     crossing    county  u74.  Right  of  way. 

lines.  |G75.  Grant  tojland — what  passes. 

G.')9.  Private  bridges,  &c.  676.  Grant  for  a  ferry. 

(jGO.  Distance  in  such  cases.  jG77.  Value  of  land  taken — how. 

GGl.  Rates  of  toll  to  be  posted  up.        i 
li(>'2.  Land  owner  may  erect  a  bridge. 

&.C.  I 

^  G45.  All  bridges  or  ferries,  turnpikes  or  causeways,  erected  or  permitted 
by  anv  act  of  the  General  Assembly,  if  not  otherwise  provided,  or  by  order 
of  the  Justices  of  the  Inferior  Court,  for  public  purposes,  are  declared  to  be 
public. 


10 

§  64fi.  They  are  dividetl — 

1.  Those  e.stabli.sh;*d  by  the  county  which  are  free  to  every  one. 

2.  Those  established  by  the  coiiuty  where  toil  is  charged  generally  or 
specially, 

3.  Those  established  by  individuals  under  the  authority  of  law  or  by  vir- 
tue of  a  prescriptive  right. 

4.  Those  established  by  individuals  without  such  rights,  who  accommo- 
date the  public  or  any  portion  of  them  for  compensation. 

^647.  The  Justices  of  the  Inferior  Court  may  put  a  ferry  or  causeway,  or 
botli,  or  may  iistablisli  a  toll  bridge  for  the  benefit  of  the  county,  but  when 
on  any  such  county  bridge,  ferry  or  cau.sevvay,  toll  is  charged,  the  county  is 
liable  as  individuals  owning  them,  and  the  owners  of  lands  must  be  compen- 
sated as  in  other  cases. 

v^  64S.  The  Justices  of  the  Inferior  Court  of  the  several  counties  have 
authority — 

1.  To  appoint  the  places  for  the  erection. of  public  bridges,  county  ferries, 
turnpikes  and  causewaj's,  and  to  make  suitable  provision  for  their  erection 
and  repairs  by  letting  them  out  to  the  lowest  bidder,  hiring  hands,  or  in  any 
other  way  that  m;iy  l)e  for  the  public  good  and  agreeable  to  law. 

xJ.  To  require  sufficient  bond  and  good  security  for  the  faithful  perform- 
ance of  all  such  work  and  contracts,  and  to  indemnify  for  all  damages  occa- 
sioned by  a  failure  so  to  do. 

3.  To  license  any  person  to  establish  such  bridge,  ferry,  turnpike  or 
causeway,  uot  exceeding  ten  years,  which  may  be  renewed  at  the  expiration 
thereof, 

4.  To  fix  the  rates  of  toll  for  crossing  any  such,  where  the  toll  can  law- 
fully be  charged,  and  regulate  those  previously  established  or  that  may  af- 
terwards be  established,  so  as  to  conform  to  what  is  both  reasonable  and 
usage  on  such  water  courses,  provided  such  charges  are  not  specially  regu- 
lated by  the  General  As.'sembly  in  some  act  of  incorpuration  to  the  exclusion 
of  such  Justices.  * 

5.  To  exercise  a  general  supervision  over  such,  and  see  that  they  are  kept 
in  prtiper  order  and  properly  attended  to,  and  to  require  from  lime  to  time, 
as  the  occasion  may  demand,  sufficient  bond  and  good  surety  from  the  pro- 
prietOi-s  thereof,  conditioned  for  their  keeping  in  repair  a  sufficient  and  safe 
bridge,  flat  rope,  turnpike  or  causeway,  and  all  other  appointments  necessa- 
ry  tor  a  good  ferry  and  competent  and  faithful  attendance  by  day  and  night, 
and  to  indemnity  the  public  against  all  damages  by  reason  of  a  failure  so 
to  do. 

^  649.  When  a  public  bridge,  ferry,  turnpike  or  causeway  is  let  out.  the 
contractor  must,  in  his  bond,  make  a  condition  also  to  keep  it  in  good  repair 
for  at  least  seven  years,  and  as  many  more  years  as  the  contract  may  be  for. 

^  65U.  All  bonds  taken  from  contractors  or  proprietors  must  be  approved 
by  the  Justices  of  the  Inferior  Court,  filed  in  the  oilice  of  the  Clerk  of  the 
Inferior  Court,  and  by  him  recorded  in  books  kept  for  that  purpose, 

^S  651.  If  «hen  an  additional  bond  is  required  it  is  not  given  within  ten 
days  from  the  time  the  proprietor  or  his  agent  is  notified  by  the  Clerk  of  the 
Inferior  Court,  the  license  must  be  revoked. 

§  652.  When  any  such  work  shall  require  repairing  it  is  the  duty  of  any 
one  or  more  Road  Commissioners  in  whose  road  district  the  same  is,  to  give 
notice  in  writing  to  the  contractor,  or  one  of  his  sureties,  stating  the  repairs 
necessary  to  be  made,  and  requiriiig  them  to  be  done  within  a  reasonable 
time,  stating  the  time. 

^  653.  If  such  repairs  are  not  made  within  the  time  required,  they  shall 
employ  some  other  person  forthwith  to  make  then;,  and  upon  report  to  the 
Clerk  of  the  Inferior  Court  of  their  cost,  he  shall  issue  an  execution  against 
such  contractor  and  his  sureties  for  the  expense  of  such  repairs  and  the  costs. 

^  654.  If  the  defendant  resists  the  payment  of  said  execution  at  law,  it 
must  be  returned  for  trial  by  jury,  if  demanded,  either  to  the  Justices'  Court 
of  the  district  where  the  defendant  resides  upon  whose  property  the  levy  is 
made,  or  to  the  Superior  Court  of  the  county,  according  to  the  principal 
amount  thereof. 

•5  655.  Persons  who  have  undertaken  the  building  or  keeping  in  repair 
any  bridge,  ferry,  turnpike  or  causeway,  or  are  surety  for  such  persons,  can- 
not be  lioad  Commissioners  of  the  road  district  which  embraces  such,  and  if 
after  having  been  appointed  they  become  such  contractor  or  surety,  the 


11 

Justices  of  the  Inferior  Court  must  declare  a  vacancy  and  appoint  some 
other  persons  in  their  stead. 

6  GOG.  When  a  biidfre  or  ferry  is  necessary  over  any  water  course,  which 
divides  one  county  or  more  counties  from  eacli  other,  each  county  must 
contribute  equally  towards  the  building  and  keeping  tiie  same  in  repair,  or 
in  such  proportion  as  would  be  just,  takir.g  inio  consideration  the  taxable 
property  of  each,  and  the  amount  expended  by  each  in  the  construction  of 
bridfres  and  other  passways. 

$  G57.  If  any  cimnty  refuses  to  undergo  its  fair  proportion  of  such  ex- 
penses, the  other  county  or  counties  may  construct  tiie  work,  compel  the 
other  to  contribute  by  suit,  and  until  such  contribution  tukts  place,  may 
have  exclusive  control  thereof,  and  charge  toll  thereon  against  all  the  citi- 
zens of  the  refusing  county. 

^  H.3b.  Tiie  toll  bridges  or  ferries  over  water  courses  making  county  lines, 
may  be  licensed  by  eitlier  county,  and  in  such  cases  the  bonds  must  be  ap- 
proved, fiied  and  lecordcd  in  the  county  uhere  the  license  is  granted. 

9  6.59.  Ko  private  ferry  charging  toll  shall  be  established  on  any  water 
course  within  three  niiles  of  wJiere  public  bridges  are  previously  erected  and 
kept  up,  but  bridges  may  be  erected  at  the  public  expense  at  places  on  the 
same  stream,  other  than  those  where  bridges  are  previously  erected,  if  not 
violative  of  any  special  provision  of  the  law. 

^  6G0.  When  exclusive  right  is  granted  to  any  person  to  prevent  others 
from  erecting  bridges  or  ferries,  or  the  like,  within  a  given  distance  from 
the  same,  it  shailbe  computed  by  the  course  of  the  stream. 

$(IG1.  Every  proprietor  of  bridges,  ferries,  turnpikos  and  causeways, 
where  toll  is  allowed  to  be  chaiged.  must  fix  a  board  in  a  conspicuous  place, 
as  near  the  same  as  practicable,  with  black  gtound,  on  which  shall  be  the 
various  rates  of  toll;  and  if  such  is  neglected,  he  shall  be  subject  to  indict- 
ment, and.  on  conviction,  shall  be  fined  not  less  than  fifty  doilais  for  every 
wA'k  lie  so  neglects. 

*)  Gti'2.  Any  person  who  may  be  the  owner  of  any  land  through  which  a 
stream  may  pass  on  both  sides  thereof,  may  establish  afcy  bridge  or  ferr3' 
thereon,  at  his  expen>c.  !ind  may  cli.irge  lawful  toll  for  crossing,  according 
to  the  rates  of  other  bridges  and  ferries  on  the  same  stream,  or  if  none  other, 
the  customary  rales  over  such  streams  elsewhere. 

^  ()63.  If  sTich  person  sl.al!  demand  excessive  rates,  any  person  may  com- 
plain to  tlie  Justices  of  the  Inferior  Court  of  the  county,  and  if  the  rates  are 
excessive  they  must  reduce  and  fix  them. 

V^  61)4.  The  Justices  of  the  Inferior  Court  of  each  county  must  once  each 
j'ear  examine  the  rates  charged  in  their  counties,  and  keep  fixed  the  rates  of 
toll  for  the  several  bridges,  ferries,  turnpikes  and  causeways  within  the 
limits  of  their  county  which  have  the  right  to  charge  them,  and  must  enter 
the  same  on  their  minutes. 

^  ••Go.  If  any  person  sl.all  charge  more  than  the  lawful  rates,  or  more  than 
indicated  by  the  board,  lie  is  guilty  of  a  misdemeanor,  and  on  conviction 
must  be  fined  in  the  discretion  of  the  Conrt,  and  for  the  second  offence,  in 
addition  to  the  fine,  he  forfeits  his  franchise. 

6  66C.  No  person  authorized  to  have  a  bridge  or  ferry  on  his  own  land 
will  be  permitted  to  stop  up  or  obstruct  any  ford,  bridge  or  ferry,  and  upon 
so  doing  he  is  guilty  of  a  misdemeanor,  and  on  conviction  must  be  fined  or 
imprisoned,  or  both,  in  the  discretion  of  the  Court. 

^  GG7.  After  a  person  has  one*  established  such  bridge  or  ferry  he  shall 
not  discontinue  the  same  without  first  giving  public  notice  thereof,  by  ad- 
vertisement posted  on  the  Court  House  door,  and  in  a  public  gazette,  if 
there  is  one  published  in  tlic  county,  for  at  least  sixty  days. 

$  6Gd.  Any  proprietor  of  any  bridge,  ferrj',  turnpike  or  causeway,  whether 
by  charter  or  prescription  or  without,  or  whether  by  right  of  owning  the 
lands  on  the  stream,  are  bound  to  prompt  and  faithful  attention  to  all  their 
duties  as  such,  and  if  any  damage  shall  occur  by  reason  of  non-attendance, 
neglect,  carelessness  or  bad  conduct,  he  is  bound  for  all  damages,  even  if 
over  and  beyond  the  amount  of  anj'  bond  that  may  be  given. 

v^  6(i9.  The  provisions  of  the  preceding  section  apply  to  all  contractors  for 
the  establisliment  of  such,  when  damages  accrue  from  a  want  of  good  faith 
in  performing  their  several  contracts,  and  if  no  bond  or  sufficient  guarantee 
has  been  taken  by  the  Justices  of  the  Inferior  Court,  the  county  is  also  liable 
or  the  damages. 

v)  G70.  Any  person  unreasonably  detained  at  a  public  ferry,  toll  bridge. 


18 

tnrnpike  or  caasewaj,  mfty,  for  eaoh  detention,  reoovef  of  the  owner  ten 
dollars  before  any  Jnstice  of  the  county. 

$  <)7J.  If  any  person  demands  or  receives  toll  for  crossing  any  ferry, 
hr'id^e  or  cftusoway.or  turnpike,  after  the  revocation  of  bis  license  or  forfeit- 
ure of  his  charter,  or  having  a  right  f jr  a  ferry  allows  the  banks  on  eitlier 
side  to  be  out  of  repair  for  more  than  five  days  at  any  one  time,  or  to  provide 
jrood  and  safe  boats  of  a  size  suinciont  for  the  accommodation  of  the  public, 
furnished  with  competent  and  sufficient  ferrymen,  for  the  safe  and  speedy 
passage  of  all  persons,  vehicles,  horses  and  stock,  or  in  case  of  a  toll  bridge 
or  causeway,  fails  to  keep  the  same  in  good  repair,  without  a  reasonable  ex- 
cuse for  such  faihues,  to  be  determined  by  the  Court,  he  is  guilty  of  a  mis- 
demeanor, and  on  conviction  must  be  fuied  not  less  than  twenty  dollars. 

^  ()72.  If  any  person  who  keeps  a  private  bridge,  ferry,  turnpike  or  cause- 
way, passes  any  ])er.son  for  toll,  the  owners  incur  the  same  liability  and  pen- 
alties as  those  permitted  by  law. 

^  67u.  If  any  person  break  or  injure  any  gate  to  a  toll  bridge,  turnpike  or 
causeway,  or  obstruct,  injure  or  destroy  such  bridge  or  causeway,  pass  round 
or  under  the  same  with  intent  to  avoid  the  payment  of  toll,  such  person 
forfeits  to  the  owner  ten  dollars  for  each  of  such  acts,  and  is  also  liable  fur 
the  damages. 

^  074.  Damages  for  the  right  of  way  are  to  be  assessed  in  the  manner 
prescribed  for  public  roads  and  private  ways. 

v^  G75.  Grants  to  land  on  water  courses  with  the  appurtenances,  convey  no 
right  of  public  bridge  or  ferry. 

§  67G.  Tiie  grant  of  a  ferry  franchise  conveys  no  right  to  build  a  bridge, 
or  the  contrary. 

C>  677.  In  determining  the  value  of  land  taken  for  abridge,  its  prospective 
value  as  a  bridge  site  and  its  present  value  as  a  ferry,  if  one  is  in  use,  may 
be  taken  into  the  calculation. 


ARTICLE    IV. 

RAILROAD  AND  OTHER  CROSSINGS. 

.Sf.ctuin.  _  iSKCxroN. 

(w-*.  Roads  at  Railroad  crossings.         jCiG.  Must   be    done    by   overseer    of 

079.  Extent  of  such  crossings.  i  Roads. 

0*^0.  Erecting  posts  and  blowing  whis-;i)ri7.  Executions    against     defaulting 

tie.  I  Company. 

(581.  Neglecting  to  erect  such  posts.     088.  Money  raised— to  whom  paid. 
68"2.  Failing  to  blow  the  whistle.  1689.  Railroad  Company  may  defend. 

683.  Proof  of  damage — nmis  on  Corn- 690.  Plank,  Macadamized  and  other 

pauy.  roads. 

684.  Suits — when  to  be  brought.  691.  Public  highways,  bridges,  &c. 
635.  Failing  to  keep  crossings  in  orderj 

^  678.  All  Railroad  Companies  shall  keep  in  good  order,  at  tlieir  expense, 
the  public  roads  or  private  ways  established  pursuant  to  law,  where  crossed 
by  their  several  roads,  and  baild  suitable  bridges  and  make  proper  excava- 
tions or  embankments,  according  to  the  spirit  of  the  road  law.s. 

^  079.  Such  crossings  include  the  width  of  land  on  both  sides  of  the  road 
allowed  by  charter  or  appropriated  by  the  Con-.pany  therefor,  and  for  as 
many  feet  beyond,  each  way,  as  is  necessary  for  a  traveller  to  get  on  and  off 
the  crossing  safely  and  conveniently. 

V^  680.  There  must  be  fixed  on  the  line  of  said  roads,  and  at  the  distance 
of  four  hundred  yards  from  the  centre  of  each  of  such  road  crossings,  and  on 
each  side  thereof,  a  post,  and  the  engineer  shall  be  required,  whenever  he 
shall  arrive  at  either  of  said  ]iosts,  to  blow  the  whistle  ot  the  locomotive  un- 
til it  arrives  at  the  public  road,  and  to  simultaneously  check,  and  keep 
checking,  the  speed  thereof,  ;  o  as  to  stop  in  time  should  any  person  or  tiling 
bf  crossing  said  track  on  said  road. 

V^  681.  Should  anj"^  Comp/iuy  fail  or  neglect  to  put  up  said  posts  the  Su- 
perintendent thereof  shall  be  guilty  of  a  misdemeanor,  and  upon  indictment 
and  conviction  thereof  in  the  county  where  such  failure  occurs,  shall  be 
subject  to  a  fine  of  not  less  than  five  hundred  dollars  nor  more  than  one 
thousand  dollars. 


13 

i  6fl2.  If  any  engineer  neglects  to  blow  Mid  whistle,  aa  reqnireJ,  and  to 
check  the  speed  ae  required  in  section  080,  he  is  K'l'l^y  °^  *  misdemeanor, 
snd  on  indictment  and  conviction  in  the  county  where  such  failure  oc<*or», 
he  shall  be  punished  by  fine,  not  exceeding  five  hundred  dollajs  and  imprw- 
oned  not  exceeding  ninety  days,  or  either,  which  the  Company  by  whom  b« 
13  employed  is  bound  to  pay. 

6  Ce3.  When  siich  injury  occurs,  the  onus  is  upon  the  Company  to  pror* 
such  fault  on  the  part  of  the  injured  persons. 

6  664.  Snch  snits  may  be  located  in  the  county  where  the  injury  oecurs, 
and  service  perfected  as  in  case  for  killing  stock. 

?  685.  When  any  road  orer  which  a  crossing  is  required  shall  be  obsfruct"- 
ed,  or  not  in  good  order  at  such  crossing,  a  Koad  Commissioner,  or  an  orer- 
seer  of  the  road  district  where  the  crossing  is,  must  notify  the  nearest  agent 
or  employee  of  the  Company,  in  writing,  to  remove  such  obstructions,  or  to 
put  such  crossing  in  proper  order  within  thirty  days  from  the  date  of  such 
notice. 

$  686.  If  such  requisition  is  not  complied  with,  it  must  be  done  by  the 
overseer  of  the  road,  and  within  fire  days  alter  he  thall  have  disi-harged 
such  duty,  he  must  report,  under  oath,  in  writing,  to  the  comraissionerfl  of 
the  district,  the  amount  and  value  of  the  services  p#'r1'ormed. 

6  6H7.  The  commissioners  shall  then  issue  eie«iitj«u,  under  their  halrds 
anil  sea!,  direct<#d  to  any  lawful  officer,  for  the  amount  of  <'Upii  value.  a»^ 
the  costs  of  the  proceeding  against  such  defaulting  Kalir^ad  Company  as  in 
v;a«e  of  other  road  defaulters. 

^  68"<.  The  amount,  when  collected,  must  be  paid  to  the  persons  who  per- 
lormed  fho  labor,  pro  rote,  .ind  according  to  the  febor  performed  by  eack, 
and  for  other  expenses  of  Kuid  work,  if  any. 

$  6^9.  The  defendanj.s  may  defend  themselves  from  Rt»ch  Ji.  Jk.s.  as  ofter 
clefanltin«r  road-work»rs  may. 

4  690.  The  provisions  of  ibis  article  arc,  so  far  as  applicable,  extended  t» 
any  plank,  Macadamized,  turnpike  or  otier  road  belonging  to  private  indi- 
viduals or  a  joint-stock  company. 

$  691.  Public  highways,  bridge*  or  ferriw  c-annot  be  appropriated  to  rajK 
poads,  plank  roads  or  any  other  species  of  road,  unless  express  »utbo»tt  j  is 
2;ranted  by  aoBie  ConatitctioDaJ  provision  in  their  citartei-s. 


TITLE    la.-CIK^FTER    V^. 

THE  GOVERNMENT  OF  SLAVES  AKD  FREE  NEGROES. 
AnTWM^B  1.  Patjol  Lawf. 
Article  2,  Other  police  regulations. 


ARTICLE  I. 

PATROL  LAWS. 

Skction.  ISkctios. 

r.35-4.  Patrol  Commissien-era.  |1362.  Patrol  mnst  keep  arms,  Jt«. 

13.=..=S.  Their  oath.  {1363.  Duty  of  patrols. 

i;C>6.  Must  organize  companies.  1364.  Requisites  of  slave's  permit. 

i:l57.  Mnst  appoint  captains.  1366.  Powur  of  patrol  as  to  searahes. 

13,5,8.  Default  of   officers — how   pnn-  136C.  May  seize  weapons  on   9lj»v«8, 

ished.  I  Ae. 

\:V>9.  Defaolters  to  be  reported.  11367.  When  master  may  arm  sVav«. 

1360.  Penalty  for  opposing  patrols.       J368.  Free  negroes  9ubje«t  to  patrol. 
].%].  Who  are  subject  to  patrol  duty.) 

i,  13M.  The  Justices  of  the  Inferior  Coarts,  in  the  month  of  November. 
annually,  and  before  the  tentJi  day  tiiereof,  shall  appoint  three  ttitizvn-s  in 
Aftch  nilitit  district  to  act  as  aommissionors  ef  patrol ;  they  a^e  to  b«  ntl- 
fi«d  of  tJieJr  ftppointmonte,  and  to  be  d©e»«d  as  accepting,  a»d  >vacA«vi-t» 
are  to  b«  supplied,  *»  i^  t)N  Ca5«  ef  road  e«irTiRVs:s>ot>«r9, 


14 

(i  135').  Such  commissioners,  within  fifteen  days  after  notice  of  appoint- 
ment, shall  appear  at  the  Court  House,  and  btifore  tlie  Clerk  of  the  Inferior 
Court,  take  an  oath,  faithfully  to  discharge  their  duties,  which  fact  said 
Clerk  shall  enter  on  his  minutes. 

$  1356.  They  shall  also,  within  five  days  from  their  qualification,  make  out 
a  list  of  all  persons  in  their  several  districts  liable  to  do  patrol  duty,  and 
organize  from  said  lists  two  or  more  companies,  not  having  more  than  tea 
in  each  company,  and  shall  lay  off  said  districts  into  as  many  divisions  as 
they  shall  organize  companies,  assigning  to  each  company  its  division, 
making  a  record  of  all  such  in  a  book  kept  for  that  purpose.  No  company 
shall  be  compelled  to  perform  patrol  duty  out  of  its  division,  unless  called 
ou  to  aid  another  company,  when  needing  it. 

$  13.")7.  They  must  select  some  discreet  person  as  captain,  from  and  for 
each  company,  who  shall  be  of  good  moral  character,  and  not  less  than 
twenty -five  years  old,  who  must  be  notified  of  his  appointment  in  writing, 
within  ten  days  after  it  takes  place;  such  notice  must  be  accompanied  with 
a  list  of  the  persons  belonging  to  his  company.  A  notice  of  one  day  to  a 
member  of  a  company,  verbally  or  in  writing,  of  the  time  and  place  he  is 
required,  is  sufficient,  but  in  cases  of  emergency  he  shall  go  in  a  shorter 
time,  and  immediately,  if  so  required. 

$  1358.  If  any  commissioner  fails  to  discharge  the  duties  required  of  him, 
without  good  e-xcuse,  to  be  judged  of  by  such  Justices,  he  shall  be  fined  not 
exceeding  one  hundred  dollars,  for  such  failure.  If  the  captain  of  a  compa- 
ny thus  fails,  he  shall  be  fined  by  the  commissioners  not  exceeding  twenty- 
five  dollars  for  every  such  failure.  If  any  member  of  a  company  fails  to  at- 
tend, after  notice,  at  the  time  and  place  designated,  armed  and  equipped  as 
directed,  or  evades  his  duty,  or  is  insubordinate,  or  deports  himself  inso- 
lently to  the  captain,  while  on  duty,  or  otherwise  violates  the  patrol  law,  he 
shall  be  fined  not  more  than  ten  dollars  for  every  such  failure  or  offence. 

§  1359.  The  captains  shall  report  all  delinquencies  to  the  commissioners, 
within  twenty  days  after  they  occur,  which  shall  be  heard  and  determined 
by  them  in  the  same  manner  as  road  commissioners  do  in  case  of  defaulters. 
All  fines  collected,  after  paying  expenses,  if  any,  shall  be  paid  to  the  Edu- 
cational Fund  of  the  county. 

$  1360.  If  any  person  shall,  by  force,  or  otherwise,  oppose  any  patrol  com- 
pany, or  any  member  of  one,  while  engaged  in  lawful  duty,  or  prevent,  or 
endeavor  to  prevent,  any  search  or  examiiiatio»i  being  made  of  auy  house 
or  place,  where  it  may  be  reasonably  suspected  that  any  negro  liable  to  be 
punished,  or  apprehended,  may  be  concealed,  or  shall  annoy  or  menace  such 
company,  or  its  members,  while  in  the  performance  of  patrol  duty,  he  is 
subject  to  indictment,  and,  on  conviction,  shall  be  fined  not  exceeding  one 
hundred  dollars  ;  for  a  second  ofience  may  be  imprisoned  not  exceeding  six- 
ty days,  as  well  as  fined. 

6  136  .  All  male  white  persons  between  the  ages  of  sixteen  and  sixty  are 
subject  to  patrol  duty,  (unless  specially  exempted,)  and  shall,  by  themselves 
or  by  substitute,  perform  patrol  duty.  Persons  exempt  from  road-working 
are  exempt  from  patrol  duty,  except  in  cases  of  emergency,  when  all  persons 
are  subject  to  the  call  of  the  captain  or  commissioners. 

§  1362.  A  person  so  subject  shall  keep  always  in  readiness,  and  carry 
with  him,  on  service,  one  good  gun  or  pistol  in  order,  together  with  at  least 
six  rounds  of  ball-cartridges. 

$  1363.  The  patrols  shall  examine  the  plantations  in  their  divisions  at 
such  times  as  their  discretion  may  dictate,  but  at  least  one  day  or  night  in 
fifteen  ;  shall  take  up  all  slaves  they  see  off  their  master's  premises,  if  they 
know  them,  and  when  they  do  not  know  them,  or  they  are  not  ou  such 
premises  :  all  slaves  without  the  fences,  or  outside  the  limits  of  an  incorpo- 
rated town,  who  have  not  some  permission  in  writing  to  be  absent,  or  some 
other  writing  or  evidence  showing  the  reasonableness  of  the  absence,  or  who 
Lave  not  some  white  person  in  company,  or  who  can  give  no  good  account 
of  themselves,  They  shall  correct  such  slaves  by  whipping  with  a  switch. 
whip  or  cow-skin,  not  exceeding  twenty  lashes,  and  in  such  a  manner  as  not 
to  injure  or  permanently  mark  his  body.  If  the  slave  is  insolent  or  unruly 
after  such  chastisement,  the  patrol  shall  carry  him  to  his  master  or  employer, 
and  all  further  whipping  shall  be  in  his  presence.  If  he  refuses  to  allow 
him  whipped,  he  shall  be  carried  to  a  Justice  of  the  Peace,  and  all  further 
whipping  shall  be  under  his  direction. 

J  1304,  A  permit  to  a  slave  should  specify  the  place  or  places  where  he  is 


15 


allowed  to  visit,  and  the  leng^th  of  time  lie  is  permitted  to  be  absent.  Xo 
permit  shall  extend  ovar  a  greater  length  of  time  than  one  montii.  A  slave 
at  the  house  of  his  wife,  by  permission  of  her  master,  ueeds  no  permit.  A 
free  person  of  color  needs  no  permit  in  the  day  timr. 

$  1365.  The  patrols  have  the  power  to  search  and  examine  all  nepro  houses 
for  offensive  weapons  and  ammunition,  and,  on  finding  such,  shall  proceed 
according  to  law.  They  may  pursue  any  fugitive  slave  who  avoids  them  by 
hiding  or  running  into  any  dwelling,  or  if  they  shall  hear  of  any  such  bting 
harbored  in  any  dwelling  of  any  white  person,  they  shall  first  ask  leave  to 
search  of  the  person  in  charge,  if  any,  or  to  deliver  up  said  slave,  and  if  said 
person  shall  refuse  to  grant  either,  they,  if  they  have  Been  such  slave  enter, 
or  know  that  he  is  there,  may  enter  therein  and  take  him.  The  person  re- 
fusing such  permission,  if  the  slave  is  found,  is  subject  to  indictment,  and, 
on  conviction,  may  be  fined  not  exceeding  one  hundred  dollars. 

§  J36G.  On  finding  any  weapons,  or  accoutrements,  or  ammunition,  in  any 
negro-house,  or  on  the  person,  or  in  the  possession  of  any  slave  or  free  per- 
sons of  color,  contrary  to  law,  such  patrol  may  seize  and  take  away  the 
same;  but  before  the  property  shall  be  vested  in  the  person  seizing,  he  shall 
cause  the  same  to  be  forfeited,  as  is  elsewhere  provided  in  this  Co4e. 

$  13(i7.  Nothing  in  this  Code  shall  be  construed  to  deny  to  any  master  the 
right,  in  time  of  invasion  or  insurrection,  in  good  faith,  to  arm  his  trusty 
slave  for  the  defence  of  himself  or  his  property. 

$  136H.  All  the  provisions  of  the  patrol  law,  in  this  Code,  shall  apply  to 
free  persons  of  color,  unless  specially  excepted.  The  permission  of  the 
guardian  is  substituted  for  that  of  the  master. 


ARTICLE  TI. 


OTHER  POLICE  REGULATIONS. 


iSrCTKtN. 

1373.  Property  on  slave — how  claimed 
l.?74.  Anyone  may  chastise  slave,  &c. 
IS/T).  Penalty  against  masters,  Ac. 
137G.  Slaves,  &c.,  may  not  preach. 


Section. 

1369.  Unlawful  as.?eniblies  of  slaves. 

1370.  How  dispersed. 

1371.  Certain  oflBcers  have  patrol  pow- 
ers. 

1372.  Defaulting    oflkers — how    pun- 
ished. 

^  1369.  No  congregation  or  company  of  slaves,  exceeding  seven  males  in 
number,  shall,  tinder  any  pretence,  except  for  Divine  worship,  assemble 
themselves  tutside  of  any  incorporated  town,  and  then  they  must  be  under 
the  control  and  presence  of  as  many  as  five  citizen.s  of  the  neipliborhood, 
except  slaves  who  may  assemble  on  their  masters"  premises  when  he  or  hip 
overseer  is  present.  Other  slaves,  by  their  masters'  permission  in  writing, 
may  also  join  in  sudi  as.'^eniblies. 

$  1370.  Every  Justice  ot  the  Peace,  upon  his  knowledge  or  information 
from  others,  may  go  in  person,  or  by  warrant,  directed  to  any  officer  or  pri- 
vate person,  or  both,  and  command  the  assistance  of  other  persons  to  dis- 
perse any  assonibly  of  negroes  which  may  disturb,  endanger  the  safctj',  or 
excite  the  ajiprehension  of  the  community.  Every  negro  taken  at  such  as- 
semblages may,  by  special  order  of  such  Justices,  be  corrected,  without  trial, 
by  receiving,  on  the  bare  back,  not  more  than  twenty  lashes,  with  the  instru- 
ment allowed  to  be  used  by  the  patrols,  and  in  tlie  same  manner. 

^  137].  Such  officer.s  or  persons  may  be  also  specially  empoweied,  by  a 
Justice  of  the  Peace  of  the  district,  under  warrant,  to  do  wliatcver  the  patrol 
may  do,  and  to  bring  offenders  to  a  speedy  trial. 

$  1372.  If  any  officer  refuses  to  execute  such  warrant,  or  other  per.son  re- 
fuses to  assist  said  officer  when  required,  such  officer  or  person  shall  forfeit 
and  pay  for  each  oftence  twenty  five  dollars,  to  be  recovered  as  in  other  ac- 
tions ot  debt  at  the  instance  of  the  informer. 

^  1373.  If  such  property  or  any  goods  shall  be  so  seized  which  is  the  prop- 
erty of  another,  tliey  shall  be  restored  on  tho  claimant  making  this  oath  . 

"  I  swear  that  I  h*ve  just  right  to  certain  property  or  goods  (describing 
ifaem)  seised  bj  a  certain  person,  naming  him,  out  of  the  possession  of  a 


1« 

islave  named  (namtnjf  him)  ami  thjii  I  did  cot  dii-«jUy,  nor  imlii-evtly,  permit 
s;iij  slave,  nor  any  other  slnve.  to  keep  or  employ  the  same  in  vioUtiou  of 
the  law.  but  that  they  ciioie  to  ti»e  posses«ion  of  said  .slave  (etating  the 
mannor)." 

$  1374.  Any  person  may  take  up  any  nejfrocs  that  ghall  be  found  out  of 
the  plantation  or  place  where  they  heion<j,  or  incorporated  town  wiiere  they 
reside,  acting  nnlawfully,  or  under  suspicious  cireumstance.s,  and  if  found 
with  an  offensive  weapon  shall  take  the  same  away,  and  if  the  n*!j;;ro  is  indo- 
lent, or  refuses  to  answer,  may  whip  said  negro  as  the  patrol  may. 

^  lIiT.'i.  If  any  master,  overseer,  or  employer  shall  permit  his  slava  tc 
<.virry  arms  contrary  to  law,  or  shall  suffer  any  illegal  public  meeting,  or  un- 
lawful feasting  of  slaves,  not  his  own.  without  the  pemiission  of  their  own- 
ers, or  under  his  charge,  on  his  plantation,  or  other  home,  he  .shall  forfeit  for 
each  offence  live  hundred  dollars,  one-half  to  the  informer  the  other  half  to 
the  Educational  Fund  of  the  county. 

9  1376.  It  shall  be  unlawful  for  any  church,  society,  or  other  body,  or  any 
person.s  to^  grant  any  license  or  other  authority  to  any  sUve  or  i'ree  peraon  of 
color  to  preach,  or  exhort,  or  otherwise  officiate  in  church  jnatters. 


An  Act.  to  clhansc  tfte  s*xond  ser.tlon  of  an  Ait  nUUhd  in   Aet    to  uiUr  tni 

a.oi^.ud  the  R»€,i  Laws  •/'  this  Stute,  approcfd  DfctmbfT  ]9?A,  1818,  m  as  ro 

erteud  *nd  define  tlte  tiges  to  icklth  ptraons  shall  be  I'uihh  tv  toorh  en  PM'ic 

R»ads. 

Section  I.  Bt  k  Kiwcted,  $,•>•.,  That  from  and  afttr  the  passage  «f  this 
Aet,  the  second  Section  of  the  above  re^-itJiid  Act  b«  so  alt+rri-d  and  anxeaded 
as  to  make  all  persons  therein  nauied,  between  the  ages  of  sixt»^n  aiMl  .sixty, 
liable  to  perform  Eoad  duty. 

Sec.  II.  And  be  U  fartJur  tiuicud,  That  all  male  persons  are  and  fthfliU  B* 
tionsidereil  a-s  able  bodiod  bands  who  are  abkj  to  do  ordinary  tw^ld  works 

Sk<'.  III.  Repeals  conflicting  law,s, 

A,ssented  to  December  4th,  l>;d2. 


An  Ac(  to  amend  th.(.  P«tiol  Laws  of  this  .??te-b. 

Sectiox  I.  The  frtnertl  Assf.inblff  do  itnuct,  That  from  arid  aft*r  the  pass- 
age of  this  Aet,  the  Patrol  Lsiws  of  this  State  be  so  amend»'d  as  to  make  hU 
iree  whit^  male  citizens  of  this  State,  between  the  ages  of  eighteen  ajid  sixty 
years,  liable  to  do  and  perform  patrol  duty,  notwithstanding  any  Taw  en-  ens- 
t.om  of  this  State  to  the  contrary. 

Assented  to  D€t;€mb«r  9,  lt!(:i2. 


pH8.5 


